Month: March 2017

“Daddy/Mommy – Why do we have a Senate in the Congress?” If/when your child asks you this question, you will know that you have a very perceptive and intuitive child on your hands, for this is a question that gets to the heart of how we have lost an important bulwark against the intrusion of our national government into our lives.

In The Federalist Number 28, Alexander Hamilton asserted that the States were to be guardians against the national government encroaching upon the rights of the individual citizens:

“It may be safely be received as an axiom in our political system that the State governments will, in all possible contingencies, afford complete security against invasions of the public liberty by the national authority. Projects of usurpation cannot be masked under pretenses so likely to escape the penetration of select bodies of men, as of the people at large. The legislatures will have better means of information. They can discover the danger at a distance; and possessing all the organs of civil power, and the confidence of the people, they can at once adopt a regular plan of opposition, in which they can combine all the resources of the community. They can readily communicate with each other in the different States, and unite their common forces for the protection of their common liberty” (emphasis mine).

Yet how were the states to accomplish this? Originally, according Article I, Section 3, Clause 1 of the Constitution, the state legislatures were to choose the two individuals who were to represent the interests of the states in the national legislature. This concept was a fusion of the concepts of federalism and republicanism. Just as the House was to be composed of individuals chosen by the people to represent their interests as individual citizens, the Senators were to be representatives of the states to safe guard the sovereignty and retained powers of the states.

However, the same progressives (Democrats led by Woodrow Wilson and Northeastern Republicans led by Teddy Roosevelt) who brought us the income tax via the 16th amendment (see part 1 of this series – Three Fixes to Restoring Freedom and Federalism – Part 1 ) also brought us the 17th amendment which changed the selection of Senators from the state legislatures to the direct election by the people as we see today. In doing this, it destroyed the power of the states over the Senators and left them free to the influence of others outside of their respective states.

This also dealt a severe blow to state legislatures in that many people are not as knowledgeable of or interested in their state representatives and senators. If these were the men and women who selected the national Senators, then there would be a greater interest in and attention paid to those we elect to our state legislatures.

Consider how different the outcome would have been when the Socialist Democrats under the direction of President Obama and Nancy Pelosi foisted the so-called Affordable Care Act (aka “Obamacare”) upon us. Over 30 of the states sued to thwart this monstrosity of a law and lost. If the Senators had been answerable to the State governments, then those states could have put pressure on those they had appointed to the Senate to vote against the bill and the ACA would never have seen the light of day.

A repeal of the 17th amendment would return us to this bicameral form of legislation in which the interests of individuals and states would both be represented in a balanced form. As it is now, we have two “houses of representatives”, which makes the Senate duplicative and thereby unnecessary. It is true that there could be corruption within the state legislators in appointing senators as there was prior to the passage of the 17th amendment, but now we know the dangers of the direct election of senators and will hopefully be more vigilant in who we elect to our state legislatures.

Next week, how an unnecessary amendment and its misapplication has wrought havoc on our immigration problem and devalued American citizenship.

In my last two essays (Badges? We Don’t Need No Stinkin’ Badges!” and The Real Problem with President Trump’s Tax Return) I touched on the subject of how the general government in Washington, DC is encroaching upon our freedom and chipping away at our liberties. The underlying problem that is precipitating this encroachment is a government that has expanded outside it’s intended, constitutionally-limited role. Because of this there has arisen a movement to amend our Constitution via a co-called “Convention of States.”

Such a convention has been grossly misrepresented by those who are promoting it, but to address those misrepresentations would take numerous, lengthy essays and it is not the point of this series of essays. What I wish to point out in this essay and the two to follow are three amendment changes that should be made a priority that would help to restore our freedom that is being destroyed and returning us to a true federal, republican form of government.

The first of these would be a repeal of the 16th amendment. This amendment was pushed through by the progressives in both political parties (Woodrow Wilson and the Democrats along with Teddy Roosevelt and the northeastern Republicans) in the turn of the last century. As I’ve pointed out previously, this amendment granted the power to the government to tax every form of our earnings at any level they deem appropriate (during the 1950s’ the marginal tax rate exceeded 90%!). Such is a direct assault upon the concept of individual liberty as personal property rights, which includes our incomes, is the foundation of that liberty. If those wishing to amend our Constitution were serious about it, this would be their number one concern.

Not only does this amendment give the government plenary power over our earnings, our tax forms that are required for reporting our income to the taxing authorities capture even more information about us that the government has no business having any knowledge of. We are required to tell them how many dependents we have, what type, if any, retirement plans we have and if we received any benefits from them, how much we spent on health costs (which gives a window into our health status), what type of business we own (if we are self-employed), how much we donate to charities, what our occupation is, and on and on and on. I challenge anyone to give me the article, section and clause in our Constitution that grants the government the right to have any of this information, for such authority is non-existent.

Yes, our Constitution is not perfect – Ben Franklin said as much on the last day of the 1787 convention in Philadelphia when the newly minted Constitution was signed by the delegates. However, the Constitution has since been “toyed” with by individuals who did not rise to the level of foresight and wisdom of those who first framed it, and the 16th amendment is a prime example that needs to be repealed.

So now the whole world knows. In 2005 the Trumps paid $38 million in income taxes to the general government, or 25% of their taxable income. As we follow this “bombshell” dud in the news, pundits are assailing it on multiple fronts, but none are touching on the real problem with this incident.

Most of what I’ve heard is how whoever leaked this return committed a felony in that tax returns are, by law, to be kept private unless the individual chooses to voluntarily make them known. This incident is used as yet another example of how there are those on the left are trying to undermine the new president and his administration. All of that is true, but that is not the real problem.

Others have drawn comparisons of how much the Trumps paid in taxes compared to the percentages paid by others, especially those on the left to have attacked the president over how much he paid in taxes or whether or not he even paid any taxes. It has been rightly pointed out that the president paid an outrageous portion of his income in taxes – twenty-five cents out of every taxable dollar he earned. This illustrates how counter-productive any income tax system is, namely it punishes success and productivity. From an economic standpoint and the principle of individual freedom as enunciated by the British political philosopher John Locke in the 17th century, this is a problem, but again, it is not the real problem.

Some commentators have rightly stated that this leak and it’s intended purpose of discrediting the president is illustrative of how dangerous it is for the government to have such information on us and how someone who has something against us can then use that information in an attempt to destroy our lives. This is getting close to the real problem with the president’s tax return, but it is not the real problem.

The real problem with the president’s tax return is that the government has possession of that information to begin with. Think about it. Last week I wrote about how the government is violating our fourth amendment rights (Badges? We Don’t Need No Stinkin’ Badges!) by collecting all of our communication data, but on our income tax returns they capture how much money we earn, perhaps what we spend it on, the status of our health (depending upon our medical deductions), our business dealings and investments, and much more, and they have been doing so since 1913 when the 16th amendment was added to our Constitution.

This real problem with President Trump’s tax return is the same as with yours and mine – the government’s access to all sorts of our private information. Underlying this real problem is that which gives the government this access, namely the 16th amendment. If those pushing to amend our Constitution were really serious about restoring individual freedom and our liberties, repealing the 16th amendment would be one of their top three priorities (but more on that next week).

Remember that line from the classic movie “Blazing Saddles”? Well that could now easily be the new motto of the United States, replacing the old and tired E Pluribus Unum. With the latest uproar in the war between President Trump and the leftists over whether or not his campaign and his administration was secretly wire tapped, many who were asleep for the past few decades are learning (or should be) that our government has to power to know everything about each and every one of us, whether warranted or not.

In case you were not aware, the Foreign Intelligence Surveillance Act of 1978 created a secret court system that was designed to issue warrants allowing government agencies to use electronic surveillance on foreign powers and those suspected of spying for them within the United States. In December 1981 President Reagan signed Executive Order 12333 that was intended to expand the flexibility of US intelligence agencies in gathering their data and sharing it with other agencies. It has since been amended and expanded by subsequent executive orders signed by President George W. Bush. This law and the courts it established, along with these executive orders are now the backbone upon which the National Security Agency today collects data on all citizens with or without warrants. Just before he left office, President Obama authorized the NSA to open up its treasure trove of data on us to a host of government agencies.

The NSA has its own search engine that covers almost one trillion private phone and internet records of millions and millions of US citizens. The collection and housing of this “metadata” is allegedly to catch those who would do us harm. Yet our Constitution is quite clear:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Let’s analyze this amendment against the backdrop of what I’ve shared above.

We have the right to be “secure”, that is protected and kept safe from.

We are to be secure in regards to:

Our persons, which would mean our bodies and any information pertaining to us.

Our houses, hence the notion of our homes being our “castle”.

Our papers, meaning anything we might write or communicate in any form or fashion, including electronic communications.

Our effects, which would include any kind of possessions we have.

We are to be secure against searches and seizures of these items that are deemed to be “unreasonable.” What is unreasonable is defined by what follows.

In order for the government to search, and if found, seize any of the items described as being protected, a warrant must be obtained from a judge. Those requesting the warrant must present evidence for the probable cause of a violation of law. Furthermore, they must swear by an oath that the evidence is indeed truthful and straight forward. Therefore, if such evidence is not sufficient to prove probable cause, then any search and/or seizure is to be deemed “unreasonable.”

Not only this, but the warrant must be specific – no blanket, open-ended, generalized warrant is permitted. The places, individuals and things that have been sworn to be reasonably suspected to be a violation of the law must be named; without this specificity, any search and/or seizure is again “unreasonable.” Yet our government today is gathering all of our communication data and transactions either with a broad generalized warrant, or no warrant at all.

When it comes to the law, governments are charged with the responsibility of ensuring that justice is served, which can only be done when the law protects us from lawbreakers, enemies, and yes, even our own government. Our government may say “Warrants? We don’t need no stinkin’ warrants”, but our Constitution that created it says differently.

In one of his speeches, the president had this to say about the press:

“During this course of administration, and in order to disturb it, the artillery of the press has been levelled against us, charged with whatsoever its licentiousness could devise or dare. These abuses of an institution so important to freedom and science, are deeply to be regretted, inasmuch as they tend to lessen its usefulness, and to sap its safety; they might, indeed, have been corrected by the wholesome punishments reserved and provided by the laws of the several States against falsehood and defamation; but public duties more urgent press on the time of public servants, and the offenders have therefore been left to find their punishment in the public indignation.”

The animosity between President Trump and the main stream media is nothing new; it is as old as our Republic itself. In 1798 the Federalists, who held the majority in Congress, the White House (John Adams was president), and appointees to the SCOTUS, passed, signed and upheld the Alien and Seditions Act of 1798. Regarding free speech the Act contained this section:

“SEC. 2. And be it farther enacted, That if any person shall write, print, utter or publish, or shall cause or procure to be written, printed, uttered or published, or shall knowingly and willingly assist or aid in writing, printing, uttering or publishing any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress of the United States, or the President of the United States, with intent to defame the said government, or either house of the said Congress, or the said President, or to bring them, or either of them, into contempt or disrepute; or to excite against them, or either or any of them, the hatred of the good people of the United States, or to stir up sedition within the United States, or to excite any unlawful combinations therein, for opposing or resisting any law of the United States, or any act of the President of the United States, done in pursuance of any such law, or of the powers in him vested by the constitution of the United States, or to resist, oppose, or defeat any such law or act, or to aid, encourage or abet any hostile designs of any foreign nation against United States, their people or government, then such person, being thereof convicted before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years.”

Fast forward to the administration of the “revered” Abraham Lincoln. You may be shocked to learn that the great champion of liberty repeatedly trampled on the Constitution and the freedoms guaranteed in the Bill of Rights. In regards to freedom of the press, he did tolerate criticism of himself and his policies, but only to an extent. For example, in May 1864, two newspapers in New York, the Journal of Commerce and The World, ran a fake news story that Lincoln was going to issue a presidential order to draft 400,000 men into the army. Lincoln ordered the two papers shut down and the publishers arrested and imprisoned. In addition, he had the agency that had transmitted the story, the Independent Telegraph System, shut down and its property seized by the military.

Yet today, because President Trump calls out the media for its failure to live up to its obligation to honestly report the news, or does not call on certain media outlets for questions in a press conference, he is excoriated by both the press and the progressives in Congress who are calling for his impeachment because they claim his actions make him an enemy of the first amendment. Those individuals are simply showing their hypocrisy and ignorance of history and an understanding of constitutional principles.

There are many other examples I could give in addition to the two I have provided above, but clearly President Trump’s criticisms hardly reach even the hem of the garment of the examples I cited. And that presidential quote I began with? It was part of President Thomas Jefferson’s second inaugural address. You see, the more things change, the more they remain the same.